Question juridique clé
Whether the Federal Tax Administration could directly appeal the cantonal appellate return decision to the Federal Supreme Court
Solution extraite
No. The challenged ruling was only an interlocutory return decision, and the conditions for an immediate appeal under Art. 93 BGG were not met.
Motifs extraits
The cantonal court's judgment did not finally resolve the tax assessment but merely confirmed a remand instructing the lower authority to reassess the wife. The Federal Tax Administration could still raise its objections in the cantonal legal remedies against the new assessment, so no irreparable legal harm existed.